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Home My WebLink AboutL 12680 P 14SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 15 Reoeipt Number : 11-0138639 TRANSFER TAX NUMBER: 11-10161 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Bloak: 010.00 11.00 EXAMINED AND CHARGED AS FOLLOWS $72,500.00 Received the Following Fees For Above Instrument Exempt Page/Filing $75.00 NO Handling C0E $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $18.7S NO RPT Transfer tax $290.00 NO C~.Pres Fees Paid TRANSFER TAX NUMBER: 11-10161 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASC~T.~ County Clerk, Suffolk County [2/20/20Z[ 03:[3:23 PM D00012680 014 Lot:: 005. OOS $20.00 $ 5.00 SO.SO Sso.oo $0.00 $ 79.2s Exempt NO NO NO NO NO Number of pages TORRENS Sefi al # Cerlifieate # Prior CtL # Deed. Mortgage Instrument Deed ! Mortgage 'lax Stump 2011 D< 20 03:13:23 PN CLERK 0F StFFOLK ¢0O~V L O000t26aO P 014 DT# 11-10161 Recording / Filing Stamps Page ! Filing Fee Handling Notation EA-5217 (County) EA-5217 ( ~N~ R.P.T,S,A, ~ Comm. of Ed, Affidavil Reg, Copy Other 4 ] District 1000[ Real Property Tax Service Agency Verification 5, 00 FEES Sub Total /5 Grand Total' '~:'~'~ ~'~ I 1000 01000 1100 005005 1000 01000 1100 005008 SatisfacdontDischargeslRelease List Property Owners Mailing Address RECORD & RETURN TO: CARNEY & MeKAY ROBERT McKAY, ESQ. 1050 FRANKLIN AVE SUITE 400 GARDEN CITY NY 11530 Mortgage Amt. l. Basic Tax 2. Additional Tax Sub Total Spec. t Assit. or Spec./Add. TOT. MTG, TAX Dual Town __ Dual Courtly_ Held for Appointment~X../% Transfer Tax Mansion Tax The property covered by this motgage or will b~ improved by a one or two family dwelling only, YES or NO ff NO, sec appropriate tax clause on page ~,__ of th~ i~truinent. Communit}' Preservation Fund ,,. ?ideradon Amount ax Due $ fid Vacant Land TD " TD t7 ] Title Company Information 1% AOe aOOOE ,sTaAc? I Title # AAC-7639 COURTESY Suffolk County Recording & Endorsement Page This page forms part of the auached FI. RONSWORD LLC TO SUSANNA DOYLE BOKER DOYLE MODIFICATION OF EASEMENT (SPECIFY TYPE OF INSTRUMENT) The premisis herein is silualed in SUFFOLK COUNTY, NEW YORK, in the Township of SOUTHOLD In the VILLAGE or HAMLET of FISHERS ISLAND · , madc by: BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. MODIFICATION OF EASEMENT A~ecment m.a.de thisJ~ day of,~,k 2ol 1, by,and between Fironswo~'d LLC ("LLC"), the o~vner of certain real properly on Fishers Island, Town Sou~hold, Suffolk County, New York, more fully described on Schedule A hereto (Suffolk County Tax Map No. 1000-010.00-11.00-005.005) (the "Fironsword Property"), and. usanna and Baker Doyle ("Doyles"~l the owners of certain real property on Fishers Island, Town of Southold, Suffolk County, New York, more fully described on Schedule B hereto (Suffolk County Tax Map No. 1000-010.00-1 i .00-005.008) (the "Doyle Property"). WHEREAS, the original owner of both the Fironsword Property and the Doyle Property, granted a certain easement to the Fironsword Property over the Doyle Property for the purpose of pedestrian and vehicular access via a designated area 10 feet m width for pedestria~ access, and 30 feet in width for vehicular access, to the waters of the Inner Bay of Great Harbor (the "Easement"), and which Easemem also included a right to construct and maintain a dock or mooting along 38.15 feet ofwaterfi'ont along the edge of the Doyle Propexty (together, the "Original Easement Area"), which Easement was recited ia a certain deed dated June 11, 1978 flora Erard Matthiessen to David Hanes, and recorded in the Office of the Suffolk County Clerk at Liber 8455, Page 126; and WHEREAS, the Doyles have constructed a dock whose landward terminus bisects the Original Easement Area. and Fironsword and ~he Doyles have been engaged in litigation concerning the Easement which litigation is being settled pursuant to a separate written Agreement of even date, and, pursuant to said Agreement, have agreed to modify the Easement in this instrument, with the Easement so modified to run with the land, WHEREAS. the parties hereto are all the o~vners of all the properly benefited and bm'dened by such Easement. It is hereby agreed that in return for $72,500 in hand paid to Fironsword and other good and valuable mutual consideration, the parties hgcto modify the existing Easement as follows: 1. The Original Easement Area shall be augmented by an additional eas~nent for pedestrian and other use, as indicated in Paragraph 2 below, consisting ufa 6-foot wide radius around the terminus of the fixed portion ufa dock that has been constructed by the Doyles, as shown on Schedule C hereto (the "N~,,v Easement Area"). In lhe event that the Doyles are required by any governmental agency to relocate the landward terminus of the dock, in accordance with the provisions of the Agreement, then the new Easement Area shall instead I~ that area consisting ufa 6-foo~-wide radius around the landward terminus of the dock as relocated, so as to connect the bisected portions of the Original Eas~nent Area. In the event that lhe relocation of the landward terminus of the dock results in the dock no longer bisecting the Original Easement Area, th~ the Doyle Property shall no longer be hardened by the 6-foot-wide New Easement Area. 2. The Easement granted to the Fironsword Property over the Doyle Property shall no longer include the right to construct or maintain a dock, nor the right of vehicular access over the Original Easement Area or the New Easement Area for any purpose, but the Fironsword Properly shall retain the fight to use such Original Easement Area and the New Easement Area for the following purposes: (a) Pedestrian ingress and egress to afford access to the water, the Inner Bay of Great Harbor, including the use of non-motorized wheeled carts or wagons to transport small boats or supplies, so long as same do not remain overnight; (b) to construc~ and maintain and access a mooting in the Inner Bay of Great Harbor, so long as thc construction and maiatcnancc of such mooring does not interfere with using or the legal right to maintain the dock already constructed for the benefit of the Doyle Property, as shown on Schedule C hereto; c) to launch, beach and store one dinghy, canoe or kayak which may remain in such location without time limitalions. IN WITNESS WHEREOF, the parties hereto have se~ their hands and seals on the day and ycarwrkten. By: FIRONSWORD, LLC. ANN FLINN. I~FS PRINCIPAL SUSANNA DOYLE BOKER DOYLE 3 (a) Pedestrian ingress and er, tess to afford access to the water, thc lnne~ Bay of Great Harbor, including the use of nor,-motoriz~ wheeled cans or wallons to Unnsport small boa4s or supplies, so long as same do not remain overnight; {b) to construct and maimain and access a mooring in the Ir, net Bay of Great Harbor, so long a~ the con. ruction and mainteoance of such mooring does not interfe~ with usiag or the legal right Io maintain the dock already conslxucted for the benefit ofthe Doyle Property, as shown on Schedule C hereto; c) IO [aunch, beach and store one dinghy, canoe or kayak which may remain in such location without time limitations. IN WITNF~S WHEREOF, the parties kea~r~o have set their haods aad seals on tlu: day FIRONSWORD, LLC. ANN FLINN. ITS PRiNCiPAL st s^ ,N^ OOVL O STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the r~ day of ~t, 2011, before me, the undersigrted, personally appeared Fironsv~ord, LLC. by its Principal, ,'inn Flinn, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within in~mment and acknowledged to me that she executed the same in hex capacity and that by her signature on the instrument, the individual, or the pemon upon behalf of which thc individual acted, executed the STATE OF NEW YORK ) )sa: COUNTY OF SUFFOLK ) KA~L~ S. HEATH NOTARY PUBUC, STATE OF NEW YORK NO. Ot HE6222~63 QUALIFIED IN SUFFOLI( COUNTY COMMI,~d0N EXPIR~ 05/24~014 On the__ day of August, 201 I, before me, the undersigned, personally appeared Susanna Doyle, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the __ day of August, 2011, before me, the undersigned, personally appeared Boker Doyle, personally known to me or lXOVed to me on the l~tsis of satisfactory evidence to be the individual whose name is subscribed to the within/nstrumeat and acknowledged to me that she executed the same in her capacity ~md that by her signature on the instrument, the individual, or the person upon behalfofwhbh the individual acted, execated the imtntment. Notary' Public 4 STATE OF NEW YOI~ COUNTY OF SUFFOLK. ~t~ ~ ~ a h~ c~y person upon behalf of which the indivichal actc~ c~ocma:l thc insmummt. No~y Public / re .. 3 0~:' ~. ': CO, Ce.,. ;;'- ......... ~ CO, ) ) STATE OF NEW YORK COUNTY OF SUFFOLK IX)O. Oa~C~HOoq~q3 ~j4e, perso~ known to me or proved to ~r~ on tl~ I:mis of sa~fa~ory evidence ~o be th~ incEv~ whose name is stRsa'ibat to tl~ within ima'uraent and acknowledged to me that he executed the sm'Ae iD his capacky aad ~ I~ his si~.amre oa tho ~, the indiv~ or person upon beludfofwhich the individual acted, cxccul~ thc ima'mnmt. STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the ~ day of A~tm, 2Ol I. before me,. the unda~i~ned, person~y appa.~ of ~l~o~ ~ to ~ ~ ~d~ ~ ~ is ~~ to t~ w~ i~ ~ i~mt. t~ ~i~l. or ~ ~ ~n ~f of w~ t~ ~~ ~ ~ ~ i~m. IO II SCHEDULE "B" ~, ~oun~ M ~1011c a/id ,tb;M of New YaW. hn, m~,.,~ ~ -,.,---.~.__, __ · THENCENo,~ 12degmes54mJnubw ~Osec(m(~We~ 124.88~,:ltt~apolnt; THENCE Nmlh 47 degme~ 05 minutes 30 se<x~ls ~ 253.8g ~ m ~he mon~ at ihe point ~r Mare of BEG;NN~K~. I~UNNING THENCE ~g said saulherly s bom of said bay ~ 72 degrees 2g minul~s 25 secm'~ ~ ~.15 ~ a pob~ THENCE Sra.,th 37. degrees ~ ruHr.Ms 00 seconds We~ 2,J5.50 fee~ bi an iron p/pe: THENCE Soum 25 degrees 08 ~nutes 47 seconds East, 130.00 Ibm (o a point: THENCE Nm~h 82 degrees 0~ minutes 00 =eoonds E~t, 70.1D feet to mt ima ~ THENCE I~ 20 degrees 35 ~ 30 ~;;mdl West, 3.~.79 feet tolhe ir~ ~ M the point ~x pllce ~f BEGINNINg. The ~ Fimt ~ end ~accuM Pm'c=el m'e cgnveYed-' -['~R ~ an mmemant Udrly fm~t i~ widlh along I~ .eMa~f bom'M~ ef 128. .."'~.,~ :, '., On,he 9~41~f f,,bz'u~ty InN~,~mmz ~OOl 1 ',' SCHEDULE "C" SCTM No. 1000-010.00-11.00-005.005 INNER BAY ~VEST (GBEAT) HARBOR PILE F~XEO EDGE DOCK ~ WAT£R/I~'ARSH EDGE OF F LOA'~ il,,~ DOCK ./ FIXED PILE COVE COTTAGE OOMPANY tLC FI EC ./ DRIVEWA'Y 10' EASEMENT ~ EGRESS BY FOR ~ OR (LIBER ! /'--,:.__ .,,....,CZ-;:l \ \ ~ ..-.--"- , to' F~EMFiNT OR ~ FOOT ONLY ~ (UBER 8455/P~E 126) f